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1.
Major air law treaties
To which major air law treaties related to carrier liability for passenger injury or death is your state a party?To read more
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2.
Montreal Convention and Warsaw Convention
Do the courts in your state interpret the similar provisions of the Montreal Convention and the Warsaw Convention in the same way?To read more
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3.
Do the courts in your state consider the Montreal Convention and Warsaw Convention to provide the sole basis for air carrier liability for passenger injury or death?To read more
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4.
Definition of ‘carrier’
In your state, who is considered to be a ‘carrier’ under the Montreal and Warsaw Conventions?To read more
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5.
Carrier liability condition
How do the courts in your state interpret the conditions for air carrier liability - ‘accident’, ‘bodily injury’, ‘in the course of any of the operations of embarking or disembarking’ - for passenger injury or death in article 17(1) of the Montreal Convention and article 17 of the Warsaw Convention?To read more
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6.
No negligence defence
How do the courts in your state interpret and apply the ‘no negligence’ defence in article 21 of the Montreal Convention, and the ‘all reasonable measures’ defence in article 20 and the ‘wilful misconduct’ standard of article 25 of the Warsaw Convention?To read more
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7.
Advance payment for injury or death
Does your state require that advance payment be made to injured passengers or the family members of deceased passengers following an aircraft accident?To read more
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8.
Deciding jurisdiction
How do the courts of your state interpret each of the jurisdictions set forth in article 33 of the Montreal Convention and article 28 of the Warsaw Convention?To read more
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9.
Period of limitation
How do the courts of your state interpret and apply the two-year period of limitations in article 35 of the Montreal Convention and article 29 of the Warsaw Convention?To read more
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10.
Liability of carriage
How do the courts of your state address the liability of carriage performed by a person other than the contracting carrier under the Montreal and Warsaw Conventions?To read more
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11.
Governing laws
What laws in your state govern the liability of an air carrier for passenger injury or death occurring during domestic carriage?To read more
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12.
Nature of carrier liability
What is the nature of, and conditions, for an air carrier’s liability?To read more
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13.
Liability limits
Is there any limit of a carrier’s liability for personal injury or death?To read more
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14.
Main defences
What are the main defences available to the air carrier?To read more
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15.
Damages
Is the air carrier’s liability for damages joint and several?To read more
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16.
Rule for apportioning fault
What rule do the courts in your state apply to apportioning fault when the injury or death was caused in whole or in part by the person claiming compensation or the person from whom the right is derived?To read more
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17.
Statute of limitations
What is the time within which an action against an air carrier for injury or death must be filed?To read more
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18.
Seeking recovery
What are the applicable procedures to seek recovery from another party for contribution or indemnity?To read more
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19.
Time limits
What time limits apply?To read more
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20.
Applicable laws
What laws apply to the liability of the air carrier for injury or damage caused to persons on the ground by an aircraft accident?To read more
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21.
Nature and conditions of liability
What is the nature of, and conditions for, an air carrier’s liability for ground damage?To read more
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22.
Liability limits
Is there any limit of carriers’ liability for ground damage?To read more
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23.
Main defences
What are the main defences available to the air carrier in a claim for damage caused on the ground?To read more
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24.
Applicable laws
What laws apply to the liability of the air carrier for injury or death caused by an unruly passenger or a terrorist event?To read more
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25.
Nature and conditions of liability
What is the nature of, and conditions, for an air carrier’s liability for injury or death caused by an unruly passenger or a terrorist event?To read more
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26.
Liability limits
Is there any limit of liability for injury or death caused by an unruly passenger or a terrorist event?To read more
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27.
Main defences
What are the main defences available to the air carrier in a claim for injury or death caused by an unruly passenger or a terrorist event?To read more
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28.
Applicable legislation
Summarise the laws or regulations related to the liability for injuries or damage caused by drones.To read more
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29.
Applicable legislation
Summarise aviation-related consumer-protection laws or regulations related to passengers with reduced mobility, flight delays and overbooking, tarmac delay and other relevant areas.To read more
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30.
Relevant laws
What laws apply to the liability of the government entities that provide services to the air carrier?To read more
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31.
Nature and conditions of liability
What is the nature of, and conditions for, the government’s liability?To read more
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32.
Liability limits
Are there any limitations to seeking recovery from the government entity?To read more
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33.
Responsibility for accidents
Can an air carrier be criminally responsible for an aviation accident?To read more
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34.
Effect of proceedings
What is the effect of criminal proceedings against the air carrier on a civil action by the passenger or their representatives?To read more
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35.
Compensation
Can claims for compensation by passengers or their representatives be made against the air carrier through the criminal proceedings?To read more
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36.
Liability
What is the legal effect of a carrier’s conditions of carriage or tariffs on the carrier’s liability?To read more
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37.
Damage recovery
What damages are recoverable for the personal injury of a passenger?To read more
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38.
What damages are recoverable for the death of a passenger?To read more
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39.
Investigatory authority
Who is responsible in your state for investigating aviation accidents?To read more
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40.
Disclosure restrictions
Set forth any restrictions on the disclosure and use of accident reports, flight data recorder information of cockpit voice recordings in litigation.To read more
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41.
Relevant post-accident assistance laws
Does your state have any laws or regulations addressing the provision of assistance to passengers and their family after an aviation accident?To read more
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42.
Mandatory requirements
Are there mandatory insurance requirements for air carriers?To read more
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43.
Court structure
Provide a brief overview of the court structure as it relates to civil aviation liability claims and appeals.To read more
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44.
Allowable discovery
What is the nature and extent of allowable discovery/disclosure?To read more
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45.
Evidence
Does the law of your state provide for any rules regarding preservation and spoliation of evidence?To read more
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46.
Recoverability of fees and costs
Are attorneys’ fees and litigation costs recoverable?To read more
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47.
Pre and post-judgment interest
Does your state impose pre-judgment or post-judgment interest? What is the rate and how is it calculated?To read more
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48.
Settlements
Is court approval required for settlements?To read more
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49.
What is the effect of a settlement on the right to seek contribution or indemnity from another person or entity? Can it still be pursued?To read more
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50.
Are there any financial sanctions, laws or regulations in your state that must be considered before an air carrier or its insurer may pay a judgment or settlement?To read more
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Updates and trends
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